New Delhi [India]: Implementation of the proposed Uniform Civil Code has to take several factors into consideration such as Hindu Undivided Family and traditions related to some indigenous populations where the inheritance is matrilineal, say experts.
Famous lawyer Karuna Nundy said that Hindu Undivided Family (HUF) is one the most widespread entities used to run businesses. “The HUF structure applies only to Hindus and not to other religions,” she said. “Will this be abolished by a UCC?” advocate Nundy asked.
Advocate Karuna Nundy said that there is a strong indication that the UCC will not touch tribal populations.
“In Northeast India, states like Meghalaya have many indigenous populations where the inheritance is matrilineal and governed by the sixth schedule. It is protected constitutionally so UCC can’t go against that,” she said.
Advocate Nundy further raised the point that there is no indication that UCC would deal with any major problems relating to gender equality.
There is no indication that community property between husband and wife will be equally divided. Law on permanent alimony for Hindu women is regressive, she added.
Meanwhile, various lawyers have called the UCC progressive and indicated that it may solve issues relating to the oppressed class, especially women. Some legal experts have opined that though the Uniform Civil Code is complex legislation, it is progressive.
On the other side, Advocate MR Shamshad said that the process of identifying the issues to make ‘uniform’ laws itself is fundamental as it appears that the government wants to take up issues relating to Muslims’ family laws under the garb of UCC and not of other civil rights of SCs and another woman.
“You have a recent example of Talaq legislation where the same action is ‘criminal’ for Muslims but not for the others,” he said.
“It should not be done with the majoritarian urge to discipline one or two communities under the garb of ‘gender justice’ and plea of ‘national integrity’,” Advocate Shamshad said.
The basic law, constitution of India, is not ‘uniform’; it gives accommodation to communities, castes, regions and religions, advocate Shamshad said.
Article 44 of the Constitution of India says that the State shall endeavour to secure a Uniform Civil Code (UCC) throughout India.
UCC is a common set of laws dealing with marriage, inheritance adoption and other matters and not based on religion.
However, opposition parties and the ruling government have locked horns over the issue.
With regard to the reference dated June 17 in 2016, sent by the Ministry of Law and Justice, the 22nd Law Commission of India examined the subject matter of the Uniform Civil Code.
The 22nd Law Commission of India had decided again to solicit the views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code and asked the interested ones to present their opinions by July 14.
According to noted lawyer Ashish Dixit, the Law Commission can only give suggestions in the form of a report, which is strictly not binding on the Government.
If Government is of the view that the time is right to implement UCC, it would require the approval of parliament, he further added.
